RULE CrRLJ 6.15
INSTRUCTIONS AND ARGUMENT
(a) Proposed Instructions. Unless otherwise ordered by the
court, proposed jury instructions shall be served and filed when
a case is called for trial by serving one copy upon the lawyer
for each party, by filing one copy with the clerk, and by
delivering the original and one additional copy for each party to
the trial judge. Additional instructions, which could not be
reasonably anticipated, shall be served and filed at any time
before the court has instructed the jury. Each proposed
instruction shall be on a separate sheet of paper. The original
shall not be numbered nor include citations of authority. A court
of limited jurisdiction may adopt local rules permitting certain
instructions to be requested by number from any published book of
instructions.
(b) Objections to Instructions. Before instructing the jury,
the court shall supply the lawyers with copies of the proposed
instructions, verdict and special finding forms. The court shall
afford the lawyers an opportunity in the absence of the jury to
object to the giving of any instructions and the refusal to give
a requested instruction or submission of a verdict or special
finding form. The party objecting shall state the reasons for the
objection, identifying the instruction and specifying the
particular part of the instruction to be given or refused. The
court shall provide the lawyer for each party with a copy of the
instructions in final form.
(c) Instructing the Jury and Argument of Counsel. The court
shall read the instructions to the jury. The prosecuting
authority may then address the jury after which the defense may
address the jury followed by the prosecuting authority's
rebuttal.
(d) Deliberation. After argument, the jury shall retire to
consider the verdict. The jury shall take with it the
instructions given, all exhibits received in evidence, and a
verdict form or forms.
(e) Questions from Jury During Deliberations.
(1) The jury shall be instructed that any question it
wishes to ask the court about the instructions or evidence
should be signed, dated and submitted in writing to the
bailiff. The court shall notify the parties of the contents
of the questions and provide them an opportunity to comment
upon an appropriate response. Written questions from the
jury, the court’s response and any objections thereto shall
be made a part of the record. The court shall respond to
all questions from a deliberating jury in open court or in
writing. In its discretion, the court may grant a jury’s
request to rehear or replay evidence, but should do so in a
way that is least likely to be seen as a comment on the
evidence, in a way that is not unfairly prejudicial and in a
way that minimizes the possibility that jurors will give
undue weight to such evidence. Any additional instruction
upon any point of law shall be given in writing.
(2) After jury deliberations have begun, the court shall not
instruct the jury in such a way as to suggest the need for
agreement, the consequences of no agreement, or the length of
time a jury will be required to deliberate.
(f) Several Offenses. The verdict forms for an offense
charged or necessarily included in the offense charged or an
attempt to commit either the offense charged or any offense
necessarily included therein may be submitted to the jury.
[Adopted effective September 1, 1987; amended effective October 1, 2002.]
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